N.J. Admin. Code § 7:14A-12.3 - Secondary treatment special considerations

(a) This section identifies special considerations applicable to effluent limitations for BOD[5] or CBOD[5] and TSS percentage removal or, for facilities receiving waste from certain industrial categories, relief in terms of less stringent BOD[5] or CBOD[5] and TSS concentration levels when the level of treatment required is more stringent than the minimum treatment requirements specified in N.J.A.C. 7:14A-12.2.

(b) For domestic treatment works receiving less concentrated influent wastewater from combined sewer systems during wet weather, the Department may remove, or impose a less stringent, BOD[5] or CBOD[5] and TSS percent removal requirement than specified in 7:14A-12.2(b)3, (c)3 or (e) 3. For such treatment works, any attainable percentage removal level shall be defined on a case-by-case basis.

(c) For domestic treatment works receiving less concentrated influent wastewater from combined sewer systems during dry weather, the Department shall remove, or impose a less stringent, BOD[5] or CBOD[5] and TSS percent removal requirement than specified in 7:14A-12.2(b)3, (c)3, or (e) 3 if the permittee satisfactorily demonstrates that:

1. The treatment works is consistently meeting, or will consistently meet, its permit effluent concentration limits but the percent removal requirements cannot be met due to less concentrated influent wastewater. In such case an applicant shall demonstrate compliance with effluent limitations consistently achievable through proper operations and maintenance as defined in 7:14A-1.2;

2. To meet the percent removal requirements, the treatment works would have to achieve significantly more stringent effluent limitations, as defined in N.J.A.C. 7:14A-1.2, than would otherwise be required by the concentration-based standards and associated loadings; and

3. The less concentrated influent wastewater does not result from either excessive infiltration or clear water industrial discharges (for example, non-contact cooling water discharges or other discharges which do not contain pollutants in sufficient quantities to otherwise be of concern) during dry weather periods. If the less concentrated influent wastewater is the result of clear water industrial discharges, then the treatment works must control such discharges in accordance with 40 CFR 403.

(d) For domestic treatment works receiving less concentrated influent wastewater from a separate sewer system, the Department shall remove, or impose a less stringent, BOD[5] or CBOD[5] and TSS percent removal requirement than specified in 7:14A-12.2 (b)3, (c)3 or (e)3, if the permittee satisfactorily demonstrates that:

1. The treatment works is consistently meeting, or will consistently meet, its permit effluent concentration limits but the percent removal requirements cannot be met due to less concentrated influent wastewater. In such case an applicant shall demonstrate compliance with effluent limitations consistently achievable through proper operations and maintenance as defined in 7:14A-1.2;

2. To meet the percent removal requirements, the treatment works would have to achieve significantly more stringent limitations as defined in 7:14A-1.2, than would otherwise be required by the concentration-based standards; and

3. The less concentrated influent wastewater is not the result of excessive inflow/infiltration.

(e) For domestic treatment works receiving industrial waste from certain industrial categories, the average monthly values for BOD[5], or CBOD[5] and TSS specified in 7:14A-12.2(b)1, (c)1 or (e)1 shall be made less stringent provided that:

1. The permitted discharge of BOD[5] or CBOD[5] and TSS from the domestic treatment works, attributable to the industrial category, would not be greater than that which would be permitted under sections 301(b)(1)(A)(i), 301(b)(2)(E) or 306 of the Federal Act if such industrial category were to discharge directly to surface water; and

2. The flow or loading for BOD[5] or CBOD[5] and TSS introduced to the domestic treatment works by the industrial category exceeds 10 percent of the design flow or loading of the domestic treatment works. When such an adjustment is made, the weekly average value for BOD[5] or CBOD[5] and TSS specified in 7:14A-12.2(b)2, (c)2 or (e)2 shall be adjusted proportionately.

(f) When requesting special consideration for any of the discharges described in (b), (c) and (d) above, an applicant shall submit, as part of the request, all demonstrations specified in the applicable subsection and, in addition, the following:

1. The BOD[5], or CBOD[5], and TSS percent removal requested, as applicable, and whether the request is for seasonal or year round relief;

2. If the discharge is also regulated by another regulatory agency (for example, Delaware River Basin Commission, Interstate Environmental Commission), a brief written statement from that regulatory agency that the agency has no objection to the request for special consideration;

3. At a minimum, 24 consecutive months of influent and effluent data sampled at monthly intervals for BOD[5] or CBOD[5] and TSS concentration, as well as percentage removal, presented in summary form. Pollutant data for BOD[5] or CBOD[5] and TSS shall be sampled in accordance with the methods and procedures described in the applicable permit. Data collected during periods of upsets, bypasses, operational errors or other unusual conditions shall be excluded. The data shall contain, at a minimum, the following information:

i. The parameter value in mg/L for influent (concentration only) and effluent (concentration and percent removal);

ii. The date on which each sample was taken;

iii. The effluent flow at time of each sample;

iv. The weather conditions at time of each sampling (for example, raining or dry);

v. The total population served; and

vi. The total amount of flow attributable to major industrial and commercial users contributing greater than 50,000 gallons per day each;

4. All permit limit exceedences;

5. For combined sewer systems only, the number of combined sewer overflow points and an estimation, with basis, of what percentage of the total collection system is combined; and

6. Any other data that the Department deems appropriate to make an accurate determination on the merits of the request.

(g) When requesting special consideration for the discharge under (e) above, an applicant shall submit all applicable demonstrations specified in (e)1 and 2 above, and, in addition, the following:

1. If the discharge is also regulated by another regulatory agency (for example, Delaware River Basin Commission, Interstate Environmental Commission), a brief written statement from that regulatory agency that the agency has no objection to the request for special consideration;

2. The adjustment requested; and

3. Any other data that the Department deems appropriate to make an accurate determination on the merits of the request.

(h) The following domestic treatment works are not eligible to request special consideration under this section:

1. Any domestic treatment works which cannot provide satisfactory demonstrations as required pursuant to (b) through (e) above, as applicable; and

2. Any domestic treatment works subject to the requirements of another regulatory agency (for example, Delaware River Basin Commission, Interstate Environmental Commission) that has not received a written statement from that agency that it has no objection to the request.

Notes

N.J. Admin. Code § 7:14A-12.3

Administrative correction.
See: 29 New Jersey Register 3822(a).
Administrative change.
See: 34 New Jersey Register 1902(a).